(A) No Advice. Except as provided in subsection (B) below, you understand that TradeKing and TradeKing's employees (1) provide no investment advice in connection with your Account; (2) do not give advice or offer any opinion with respect to the suitability of any transaction, security or order; (3) do not solicit orders; (4) do not act as a principal or make a market in any security, equity or mutual fund; (5) do not make discretionary investments on behalf of your clients; and (6) do not provide internally generated research, and that the availability of research reports through TradeKing's web sites does not constitute a recommendation to enter in any of the securities transactions or to engage in any of the investment strategies presented in such reports.
You are solely responsible for any and all orders placed in your Account(s). You are a self-directed investor and all orders entered are unsolicited and based on your own investment decisions or the investment decision of your duly authorized representative. You understand that all investments involve risk, that losses may exceed the principal invested, and that the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns.
You understand that you are solely responsible for knowing the rights and terms for all securities purchased, sold and maintained in your Account including, but not limited to, mergers, reorganizations, stock splits, name changes and/or symbol changes, dividends, option symbols, and option deliverables. You understand that certain securities may grant you valuable rights that may expire unless you take specific action. These securities include bonds, convertible securities, warrants, stock rights and securities subject to exchange offers or tenders. You are responsible for knowing all expiration dates, redemption dates, and the circumstances under which rights associated with your securities may be called, cancelled, or modified. TradeKing may, but is not obligated to, notify you of any upcoming expiration or redemption dates, or take any action on your behalf without your specific instructions except as required by law and the rules of regulatory authorities. If any security is about to expire worthless or be redeemed for less than its fair market value and have not received instructions from you, we may, at our discretion, sell the security and credit your Account with the proceeds. If your Account has an option position on the last trading day prior to expiration, which is one penny or more in the money, we will generally exercise the option, on your behalf. However, we reserve the right at our discretion to close any option position prior to expiration date or any position resulting from the exercising/assignment after option expiration. You will be charged a commission for any such transaction. We are not obligated to take any of these actions and we are not liable for losses should we not take them.
You understand that when you request assistance from our employees in using the investment tools available on our web site (including, but not limited to, the Fixed Income platform, the Options Scanner and the Options Strategy Scanner), it will be limited to an explanation of the tool's functionality and, if requested by you, to the entry by our employees of variables provided by you, and that such assistance does not constitute investment advice, an opinion with respect to the suitability of any transaction, or solicitation of any orders.
(B) Solicitation. You understand that you can request that we assign your Account to a TradeKing Registered Representative, who may solicit orders on a nondiscretionary basis in your Account, and that we may refuse your request at our sole discretion. If your request is accepted by us, you understand that the only investment advice and/or opinion with respect to the suitability of any transaction, security or order in connection with your Account, if any, shall be provided by the TradeKing Registered Representative assigned to your Account. You understand that TradeKing does not provide tax or legal advice. You understand that we may discontinue this service for your account immediately by providing written notice to you.
(C) Customer Responsibility. you understand that you will receive a user-ID and password (collectively, "PINs") that provide electronic access to your Account. You understand and agree that your Account numbers and PINs are confidential and you are responsible for the confidentiality, protection and use of them. You agree and accept full responsibility for monitoring and safeguarding your Accounts and access to your Accounts. you agree to immediately notify TradeKing in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of: (1) any loss, theft, or unauthorized use of your PINS, Account numbers or access; (2) any failure by you to receive a message from us indicating that an order was received, executed or cancelled, as applicable; (3) any failure by you to receive an accurate written confirmation of an execution; (4) any receipt by you of confirmation of an order, execution and/or cancellation, which you did not place; or (5) any inaccurate information in or relating to your Account balances, deposits, withdrawals, securities positions or transaction history. Each of the events described in subsections 1-5 of TradeKing's Investment Agreement, shall be deemed a "Potential Fraudulent Event." The use and storage of any information including, without limitation, your Account numbers, PINs, portfolio information, transaction activity, account balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You agree to be responsible for all activities in your Account and we may rely that you have authorized any orders or instructions that are received under your Account number and PINs. You agree that, in the event of a Potential Fraudulent Event, you will notify us immediately, and in no event more than 24 hours, after you discover such Potential Fraudulent Event. You agree that in the event of a Potential Fraudulent Event, you will report such loss or fraudulent occurrence promptly to the legal authorities, if so instructed by us. Further, you agree to provide a copy of any report prepared by legal authorities to us on request. You agree to cooperate fully with the legal authorities and TradeKing in any investigation of such Potential Fraudulent Event and you will complete any required affidavits promptly, accurately and thoroughly. You also agree to allow us access to your computer and your network in connection with our investigation of such Potential Fraudulent Event. You understand that, if you fail to do any of these things, you may encounter delays in regaining access to the funds in your Account. You agree to indemnify and hold TradeKing and TradeKing's affiliates harmless from and against any losses arising out of or relating to a Potential Fraudulent Event.
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